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A. Developer Responsibility. "Maintenance Area" means the private street entrance decorative pavement, parkway and sidewalk within the ROW which are generally depicted on Exhibit "A," attached hereto and incorporated herein. The "Maintenance Area Improvements" means decorative pavement, parkway, parkway landscape, sidewalk, street trees, street tree wells, irrigation improvements and storm drain improvements within the Maintenance Area. Developer shall perform the following with respect to the Maintenance Area and Maintenance Area Improvements: (i) Keep the Maintenance Area reasonably free of plant and landscape debris. (ii) Repair damage to the Maintenance Area due to the elements of ordinary wear. (iii) Maintain and replace the street trees and parkway landscape within the Maintenance Area. Maintenance shall include, without limitation, watering, fertilization, mowing, edging, trimming of grass, tree and shrub pruning as needed and as requested by the City, and shaping of trees and shrubs to maintain a healthy, natural appearance, safe street conditions and visibility, replacement, as needed, of all dead plant materials, control of weeds and double staking for support of trees. Maintenance Area at all times shall be landscaped and have street trees. Street trees must be approved by the City. (iv) Weed abatement. All fertilizers, pesticides, and other materials shall be applied in accordance with all applicable laws, ordinances and regulations pertaining to the use and application of such substances. (v) Maintain the decorative pavement in a safe and walkable condition. B. City Responsibility. The City shall maintain the curb and gutter, curb ramp and street lights in a good condition of maintenance and repair and shall perform all necessary graffiti removal within the ROW. 2. Termination of Developer Maintenance Obligation. Developer shall have the ongoing maintenance obligation of the Maintenance Area and Maintenance Area Improvements until such time as the City, in its sole and absolute discretion, elects to maintain such area at which time the applicable area shall no longer constitute a part of the Maintenance Area. In such event, the City shall provide a notice of termination of the Maintenance Areas in writing to Developer. 3. Use of ROW. The ROW shall be accessible by the general public. Except for work to be performed pursuant to this Agreement, Developer shall not perform any improvement work or similar activity within the ROW unless it has first been approved by the City. 4. Right of City to Remedy Failure of Maintenance Obligation. If Developer fails to comply with the provisions of this Agreement, including any failure to maintain the Maintenance Areas and/or the Maintenance Area Improvements, as set forth above, then the City may deliver written notice to Developer identifying the specific defects regarding the maintenance of the Maintenance Areas or Maintenance Area Improvements ("Defects Notice'. SMR}1:485365450.6 -2-